Health & Welfare Plans Newsletter

February 21, 2018

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Jobs

Sr Retirement Compliance Consultant
National Rural Electric Cooperative Association [NRECA]
in VA

Midwest Territory Sales Director
PenChecks Trust
in IA, IL, IN, KS, MI, MN, MO, ND, NE, OH, SD, WI

Retirement Account Administrator, Sr.
Alerus Financial
in MI, MN, NH

Retirement Specialist
Alerus Financial
in MN

Retirement Call Center Specialist
Alerus Financial
in MN

Relationship Manager
HK Financial Services, Inc.
in IA

Account Service Representative
Ingham Retirement Group
in FL, Telecommute

Defined Contribution Account Manager
Nova 401(k) Associates
in AZ, ID, NV, UT, Telecommute

401(k) Consultant
PBU, Inc.
in CA

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Proposed Regs on Association Health Plans Create Opportunity for Associations and Small Employers
"As proposed, these regulations would make it much easier for an association health plan to qualify as a single ERISA plan by broadening the definition of 'employer' under ERISA and related regulations.... For small employers, the ability to provide coverage that is exempt from some of the onerous [ACA] insurance requirements, and the ability to join together to take advantage of economies of scale to reduce administrative costs, should provide an attractive option for offering more affordable coverage to employees."
Porter Wright Morris & Arthur LLP

[Advert.]

Join Us in Shaping the Future of Employee Benefit Programs

Sponsored by ECFC [Employers Council on Flexible Compensation]

The 37th ECFC Annual Conference in Washington will feature congressional speakers, in-depth briefings by the ECFC lobbying team, inside the beltway keynote speakers, regulatory agency and technical panels. Join us!


Supreme Court Concludes That Retiree Health Benefits Expired with CBA
"[T]he Supreme Court applied its 2015 Tackett holding in concluding that ordinary principles of contract law governed a dispute between retirees and their former employer over whether health benefits had vested under a collective bargaining agreement. Reiterating its rejection of the Sixth Circuit's Yard-Man inferences, the Court held that the health benefits at issue in this case expired with the collective bargaining agreement." [CNH Industrial N.V. v. Reese, No. 17-515 (U.S. Feb. 20, 2018, per curiam)]
Thomson Reuters Practical Law

District Court Finds References to FMLA Were Not Representations of FMLA Eligibility
"The court noted that the 'Family and Medical Leave' section of the handbook stated clearly that to be eligible for FMLA benefits the 50-employee minimum was required. As to the forms that referenced the FMLA, the court found that those did not contain a definite statement that the plaintiff was eligible for FMLA leave. Relying on those findings, along with the HR director's e-mail to the plaintiff that the medical certification form was 'to determine whether [she was] eligible for leave under the FMLA,' the court ruled that there was no evidence of a definite statement by [the employer] that the plaintiff was eligible for FMLA coverage." [Mesfin v. ROC-Houston, P.A., No. 16-2401 (S.D. Tex. Jan. 22, 2018)]
Society for Human Resource Management [SHRM]

2018 Trends Report Reveals HSA, FSA, and HRA Analytics
"44.9% of respondents chose to enroll in an HSA as a savings vehicle for future health care needs, over more immediate benefits like tax savings and lower premiums. This rate is up from 40.5% in our 2017 report. 62.9% of HSA account holders who leverage mutual fund investment options do so for shorter term goals, intending to withdraw investments for health care needs prior to retirement. For 45.7% of FSA respondents, the number one change they would like to make to their account would be to decrease the need to submit documentation for eligible expenses[.]"
Connect Your Care

Workplace Wellness Worries
"According to the researchers, such programs cover more than 50 million workers and are intended to reduce medical spending, increase productivity and improve well-being, but they found workplace-health programs such as health or fitness assessments, weight-control programs or disease-management classes, among others, don't result in happier, healthier employees, medical cost reduction, lower absenteeism or higher productivity."
Human Resource Executive Online

[Advert.]

Online Learning Course: COBRA

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

Even with ACA coverage easier for individuals to obtain, group health plans must continue to offer COBRA coverage. This course explains technicalities of COBRA, including who is entitled and how to administer.


Do Your Commuter Benefits Cut the Mustard?
"What feedback can you utilize to improve your program? Think about evaluating employee needs and satisfaction with their current and past transportation offerings.... Send out a survey to find out if employees prefer a debit card or pass fulfillment.... Take your employees' temperature on past commuter benefit changes."
Frenkel Benefits

Administration Moves to Liberalize Rules on Short-Term, Non-ACA-Compliant Coverage
"The new rule would extend the maximum duration of these plans from three months to 'less than 12 months' (which could be as long as 364 days), and would appear to allow individuals to reapply for short-term coverage (if not renew their policy) at the end of the 12-month period. [The rule] also includes updated notice requirements."
Katie Keith, in Health Affairs

Some States Attempt to Close the Health Coverage Gap
"This review examines prominent state efforts to expand health coverage to the remaining uninsured ... in Massachusetts, Vermont, Colorado, California, and Nevada ... It explores the context and climate for reform within the state, stakeholder involvement, political coalitions, financing, and possible opposition. As such, it serves as a case study in how different states build, or fail to build, the popular and political will towards health care coverage for all residents."
The Leonard Davis Institute of Health Economics (LDI) at the University of Pennsylvania

Will 2018 Be the Year of Transformational Change in Healthcare?
"One emerging trend in the market is the consolidation of healthcare payers and providers. This change in the delivery and payment of healthcare impacts all employer sponsored plans. We watched the U.S. Justice Department block continued mergers of larger insurance companies only to have a pharmacy chain (CVS) move to purchase one of the largest insurers in the market (Aetna). The expansive footprint of these organizations to both deliver and manage cost may yield a national platform capable of managing costs."
Hill, Chesson & Woody

[Opinion]

Lower Drug Costs: The Next Frontier for State Flexibility
"Massachusetts has requested a waiver to restructure its pharmacy program to use some of the tools available in the commercial market, and Arizona has indicated interest in a similar proposal ... There is more for the federal government to do to help states control prescription drug costs and more activity currently underway in many states."
The Commonwealth Fund

Benefits in General

Traditionalists Through Gen Z: Benefits Administration and Your Multigenerational Workforce
"Today's organizations are seeing up to 5 generations working side-by-side for the first time in history.... [T]oday's employees range from teenagers to individuals in their late 70s.... [E]ach one has their own unique priorities, values and communication style.... [E]mployee benefits should ideally be administered in a way that is accessible and helpful to everyone. But how can you actually make this happen?"
bswift

Controlled Group Rules for Tax Exempt Organizations: A Brief Review
"The controlled group rules should be considered any time there have been (or are expected to be) changes in the composition of the group, particularly if a new member organization is added.... Given the pace of change in the tax-exempt world, particularly among local and regional health systems, ... these rules [are] worth revisiting."
Verrill Dana LLP

Selected Discussions
on the BenefitsLink Message Boards

EIN Must Be Shown on a Filing Authorization?
Is it a REQUIREMENT for the filing authorization to show the EIN? We've always put it on the form routinely. along with the Plan name, number, and Plan Year, but I'm not sure it's required.
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2018 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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